יום רביעי, 29 באוגוסט 2012

Elder of Ziyon Daily News

Elder of Ziyon Daily News

Link to Elder of Ziyon

"Assad ordered terror attacks in Lebanon"

Posted: 28 Aug 2012 08:00 PM PDT

From Ya Libnan:
Syrian President Bashar al-Assad gave his direct orders to executing terrorist attacks in Lebanon, details of an investigation with former Lebanese information minister Michel Samaha, detained for alleged involvement in the plot, revealed on Monday.

Lebanese daily newspaper al-Jumhourya reported that Samaha had admitted to investigators that he was working for the Syrian regime trying to execute a plan to blow up explosives in the northern Lebanese city of Akkar.

Samaha admitted to having collaborated with General Ai al-Mamlouk, head of the Syrian national security bureau, whom Samaha said is now holding a senior position within the Syrian regime.

Samaha was arrested on Aug. 10 and was accused of planning to detonate bombs prepared by the Syrians with the aim of "inciting sectarian fighting" in Lebanon.
And as I have mentioned, Jordan has uncovered Syrian spy cells among the refugees.

Looks like Assad is planning to take everyone down with him.


Corrie roundup

Posted: 28 Aug 2012 03:00 PM PDT

CiFWatch points out that the ISM is responsible for Rachel Corrie's death - but no one is blaming them for their cavalir attitude towards the deaths of "activists:"

In a 2002 article, ISM co-founders Adam Shapiro and Huwaida Arraf wrote, "The Palestinian resistance must take on a variety of characteristics, both non-violent and violent," adding that "[i]n actuality, nonviolence is not enough…Yes, people will get killed and injured."

Shapiro and Arraf lauded such deaths as "no less noble than carrying out a suicide operation. And we are certain that if these men were killed during such an action, they would be considered shaheed Allah."

ISM activists and organizers have time and again justified terrorism and associated with terrorists.

In 2003 alone, for example, ISM activist Susan Barclay admitted in an interview that she worked with representatives of Hamas and Islamic Jidhad; terrorists originating from UK who had attacked the Mike's Place bar in Tel Aviv, murdering three people, had, according to an Israeli report, "forg[ed] links with foreign left-wing activists and members of the International Solidarity Movement (ISM)"; and senior Islamic Jihad terrorist Shadi Sukiya was arrested while he was hiding in ISM's Jenin office and being assisted by two ISM activists.

...Corrie's ISM colleague and handler, Joseph Smith eulogized Corrie, chillingly justifying the sacrifice of human life for the cause, stating:

"The spirit that she died for is worth a life. This idea of resistance, this spirit of resisting this brutal occupying force, is worth anything. And many, many, many Palestinians give their lives for it all the time. So the life of one international, I feel, is more than worth the spirit of resisting oppression."
Commentary notes that Rachel Corrie was no peace activist.

The ISM themselves wrote back in 2002 that they actively encouraged their volunteers to put themselves in danger:
Without a doubt the level of risk dramatically increased in this latest ISM campaign with internationals on the receiving end of shrapnel, live fire over their heads, tear-gassing, rubber bullets, sound bombs, beatings, interrogations, arrests and deportations. Without sounding crass, the benefits were many and obvious.

In an astonishing example of admitted conflict of interest, Time's Karl Vick notes (after saying that Israeli justice is hopelessly biased). He admits that his wife had volunteered to assist the Corries in the court case. In fact, his wife Stacy Sullivan is the press contact for the Corries! Time apparently thinks that such an egregious conflict of interest is AOK as long as it is parenthetically mentioned in a long screed against Israel.

By the way, Vick quotes Corrie's sister as saying "I can say without a doubt that I believe my sister was seen as that bulldozer approached her." Here's what an Israeli D9 armored bulldozer looks like:


It doesn't look like the driver has a very clear view at all.

I have still not seen anyone actually point out where the Israeli judge says anything that is less than truthful.

And the Philadelphi Corridor that Israel was clearing was, under international law, legally controlled by Israel. As Wikipedia notes:
Under the provisions of the Israeli-Egyptian peace treaty of 1979, the buffer zone was controlled and patrolled by Israeli forces. After the 1995 Oslo Accords, Israel was allowed to retain the security corridor along the border.
And this classic 2005 piece on The Forgotten Rachels is important to recall as well.

PJMedia had a nice article worth reading from 2010.

And if you are in a very politically incorrect mood, you can always re-watch my 2008 Rachel Corrie music video. 

(h/t EG, CHA, Anne)


This week's fake outrage: Wine festival in Beersheva

Posted: 28 Aug 2012 01:30 PM PDT

From Adalah last week:

On 9 August 2012, Adalah sent a legal letter to the Israeli Attorney General, the Minister of Culture and Sports, and the Municipality of Beer el-Sabe (Beer Sheva) demanding that they intervene and cancel the 6th Annual "Salut Wine and Beer Festival" due to take place in the courtyard of the Big Mosque in Beer el-Sabe. Adalah requested that all activity that violates the sanctity of the mosque, as well as the dignity of the thousands of Muslims who live in Beer el-Sabe and the tens of thousands who come to the city daily, be stopped immediately. Adalah Attorney Aram Mahameed sent the letter.

The letter pointed out that it was recently announced that the Wine Festival will take place 5-6 September 2012. The festival will feature alcoholic beverages from about 30 breweries and wineries from around the country, in addition to imports. It will also include a number of musical performances.

"This is a sensitive issue that endangers the interests of all Arab citizens of the state," Attorney Mahameed emphasized in the letter. "The use of the courtyard of the Mosque for drinking alcohol is a red line banned in Islam, and is completely incompatible with the mosque's intended use for prayer."
Many sites are claiming that the festival is being held inside the mosque!

Here are the facts:

There have been no prayers in the mosque since 1948.

The "courtyard" of the mosque is also the grounds of the Negev Museum of Art, which is the official venue.

The wine festival has been going on in the exact same spot for years, and no one complained about it before.

The entire "outrage" is simply orchestrated to get people upset. It has zero basis in fact. But then again, when are facts important to the anti-Israel crowd?

Here's what it looked like last year:



Tuesday links

Posted: 28 Aug 2012 12:00 PM PDT

From Ian:

Clueless in Seattle: Richard Silverstein's 'fantasy' source
"The point is that, given conflicting reports, it's too soon to make definitive statements. But Silverstein doesn't even mention alternatives. He just goes on his ideologically tinged rampage. Anyone who cares about the truth and relies on Silverstein is going to be disappointed. That's for sure."

The "Pro-Palestinians"
"Once again, it has been exposed that Americans and Europeans who claim to be pro-Palestinian are actually just Israel-haters. For them, the Palestinian issue is just a vehicle for vomiting their hatred for Israel, and most likely all Jews. They are closer to Hamas and Islamic Jihad than to moderate Arabs and Muslims. The Palestinians need support from people who promote democracy, moderation, accountability and co-existence with Israel."

How Leftist Jews Make Terror Kosher
Lenin joked that capitalists would sell him the rope by which he would hang them, and Muslim terrorists may be making the same joke about Jews whom they target.

Israel Pushing for UN Summit on Jewish Refugees
"The summit's main goal would be to address the issue of Jewish property rights, according to a report in Yedioth Ahronoth. The Israel Ministry of Foreign Affairs states that between 1948 and 1951 about 850,000 Jews were expelled or forced out of Arab nations, losing an estimated $700 million in property ($6 billion today). Most of these refugees were absorbed by Israel, where today they comprise over half the population."

After rocket fire, IAF strikes Gaza munition depots
Palestinian hospital reports 2 wounded in strike; IDF says attack is response to rocket fire toward Israel, strikes were accurate.

Reinforced school protects Israeli kids from Gazan rockets
$27.5 million facility takes protection to the next level; 'You can finally teach without worrying,' principal says

The Attacks on Israelis You Won't Read About Anywhere Else, August 22-26

Before First Grade Starts, Child Survivor of Mumbai Attack Gets Call From Netanyahu

South African BDS – or Just BS?
"If the South African government is referring to the U.N. Partition Plan of 1947, it is those lines in which the State of Israel declared itself independent in May 1948. However, none of the Arab states accepted Israel inside those lines, and they immediately went to war to eradicate the lines and thus eradicate Israel. Why the South African government would stake its position on the basis of borders rejected by every Arab government is unclear."

Petition Rallies Support for Findings on Anti-Israel Bias at California State Schools

Alarm as hundreds of children under age of 10 married in Iran

How Nazi persecution of a Jewish doctor led to Paralympics — and a revolution in treating spinal injury
As the London games begin on Wednesday, Ludwig Guttman is being rightly remembered as the 'father of the Paralympics.' But he was a lot more besides

Neil Armstrong Walks on Jerusalem
Armstrong then asked if these were the original steps, and Ben-Dov confirmed that they were.
"So Jesus stepped right here?" asked Armstrong.
"That's right," answered Ben-Dov.
"I have to tell you," Armstrong said to the Israeli archaeologist, "I am more excited stepping on these stones than I was stepping on the moon."

Also:
Resurrected: The Rachel Corrie Libel

Michael Totten: The Anti-Imperialism of Fools 

An speaking of Butler, this is hilarious.


Iran's allies: Syria, Russia, Hezbollah - and Egypt

Posted: 28 Aug 2012 10:30 AM PDT

Egypt's rapprochement with Iran continues:

An Egyptian official has said that Cairo will raise the level of its diplomatic representation in Tehran soon.

Yousry Abu Sahdy, a member at the Egyptian Council for Foreign Affairs, told Iranian news agency IRNA that Egypt will soon open an embassy in Iran, and added that President Mohamed Morsy and Foreign Minister Mohamed Kamel Amr's participation in the Non-Aligned Movement's summit in Tehran, which is scheduled for 30 and 31 August, will strengthen diplomatic and economic ties between both countries.

It is significant that Egypt is choosing to get closer to Iran at the very moment that the West is isolating it and when most Arab countries are upset over Iran's stance towards Syria.

Which makes me think that Iran is danging some serious petrodollars to bring cash-starved Egypt into its orbit - and to surround Israel with its proxies. Combined with the Islamic Brotherhood's desire for a new caliphate throughout the Middle East, we have a very toxic mix.


Summary of the verdict in the Corrie case

Posted: 28 Aug 2012 09:00 AM PDT

I received this via email:

Summary of the Verdict (T.A. 371/05) Estate of the Late Rachel Corrie, etc.v. The State of Israel – Ministry of Defense

1.     The decedent, Rachel Corrie, was born on April 10, 1979.  She was an American citizen, residing in Olympia, Washington.  On March 16, 2003, the decedent was killed during an incident which is the focus of this lawsuit.  She was 24 years old.

The decedent was an activist in the International Solidarity Movement (hereafter: "the Organization" or "the ISM").

2.     In this lawsuit (T.A. 371/05) the plaintiffs, the estate of the late Rachel Corrie (hereafter: "the decedent"), the decedent's parents, brother and sister, are petitioning to direct the defendant, the State of Israel, to pay them compensation for special damages and general damages inflicted on them, they claim, as a result of the death of the decedent during the incident that is the focus of this trial.  In addition to the aforementioned, the plaintiffs have petitioned to direct the defendant to pay "punitive damages".

3.     The plaintiffs claimed in their lawsuit that on March 16, 2003, the decedent, together with other activists in the ISM, arrived at the "Philadelphi Corridor" in the Rafiah area of the Gaza Strip where two bulldozers and an IDF tank were observed conducting operational activities in the area.  The plaintiffs claimed that the bulldozers were about to demolish a house in the area and that the decedent and her fellow members of the ISM stood in the path of the bulldozers in order to prevent them from implementing their plan.

In Article 8.5 of the Statement of Claim, the plaintiffs claimed as follows:

           "At 17:00 or thereabouts, the decedent stood near the house of Dr. Samir Nasrallah, which was designated for demolition, and one of the bulldozers was 10 to 15 meters from her.  The bulldozers approached the decedent and pulled dirt from under her feet.  The decedent fell and the blade of the bulldozer ran over her leg and later the bulldozer ran over her body.  When the bulldozer backed up the decedent was gravely injured and was bleeding extensively, although she was still breathing.

The decedent was evacuated to the Al-Najer Hospital in Rafiah, where her death was declared after 20 minutes".

4.     The plaintiffs claimed that the bulldozer intentionally caused the death of the decedent.  The plaintiffs based their claim on the following three grounds: assault, negligence and legal grounds.

5.     After hearing many witnesses from both sides, including expert witnesses, and studying the extensive summations from representatives of both sides, I hereby determine as follows:

a.    During the relevant period of time, the "Philadelphi Corridor" was the site of daily warfare, i.e. daily gunfire by snipers, missile fire and IED explosions directed at the IDF forces.  During this period, unceasing efforts were made to kidnap IDF soldiers.  Only soldiers who were in combat units fought in the region.

According to the notes made in the IDF records, from September 2000 to the date of the incident that is the focus of this lawsuit (March 16, 2003), nearly 6,000 grenades had been thrown at IDF forces in the Corridor; there had been approximately 1,400 incidents of gunfire; and there were more than 40 occurrences of mortar fire.  These aforementioned events led to the injury and death of many Israelis.

The United States government issued a travel warning on March 16, 2003 to warn American citizens against visiting the Gaza Strip area or the West Bank.

b.    During the period pertinent to this case, there was a military directive in force declaring the "Philadelphi Corridor" a "closed military area" and forbidding the entry of civilians.

c.    The ISM assigned itself the task of working alongside the Palestinians against the "Israeli occupation" by using what it called "non-violent protest activities".  However, the evidence presented to me shows a significant gap between the Organization's statements and the true character of its activities and actions.  The actions taken by the members of the organization, in practice, do not match its statements.  In fact, the Organization exploits the dialogue regarding human rights and morality to blur the severity of its actions, which are, in fact, expressed through violence.

Inter alia, ISM activities included "defending" Palestinian families, even ones that were engaged in terror activities.  The Organization's activists "specialized" in sabotaging the IDF's operational actions.  ISM activities included, inter alia: stationing activists to serve as "human shields" for terrorists wanted by Israeli security forces; financial, logistical and moral assistance to Palestinians, including terrorists and their families; interrupting demolition activities or the sealing off of houses belonging to terrorists who conducted suicide attacks with multiple casualties.

d.    The mission of the IDF force on the day of the incident was solely to clear the ground.  This clearing and leveling included leveling the ground and clearing it of brush in order to expose hiding places used by terrorists, who would sneak out from these areas and place explosive devices with the intent of harming IDF soldiers.  There was an urgency to carrying out this mission so that IDF look-outs could observe the area and locate terrorists thereby preventing explosive devices from being buried.  The mission did not include, in any way, the demolition of homes.  The action conducted by the IDF forces was done at real risk to the lives of the soldiers.  Less than one hour before the incident that is the focus of this lawsuit, a live hand-grenade was thrown at the IDF forces.

e.    I hereby determine that, on the day of the incident, the two bulldozers and the armored personnel carrier were occupied with the clear military operational task of clearing the land in a dangerous area which posed a significant risk.  The force's action was designed to prevent acts of terror and hostility, i.e. to eliminate the danger of terrorists hiding between the creases of land and in the brush, and to expose explosive devices hidden therein, both of which were intended to kill IDF soldiers.  During each act of exposure, the lives of the IDF fighters were at risk from Palestinians terrorists.  As aforementioned, less than an hour before the incident that is the focus of this lawsuit, a live hand-grenade was thrown at the IDF force.

For this reason, I hereby determine that the act of clearing the land with which the IDF force was occupied during the event was "a war-related action" as defined in The Civil Wrongs Ordinance.

f.     On March 16, 2003, the decedent and her fellow ISM activists arrived at the location where the IDF force was working to clear the land.   They did so, they claim, in order to prevent the IDF force from demolishing Palestinian houses.  They did so illegally and in contradiction of the military directive declaring the area a "closed military area".  They held signs, stood in front of the bulldozers and did not allow them to carry out their mission.  The IDF soldiers informed the activists that they had to distance themselves from the area, threw stun grenades towards them, fired warning shots towards them and used methods to disperse demonstrations.  All without avail.

The IDF force was very careful not to harm the Organization's activists.  Because of the activists' interference, the force repeatedly relocated to continue carrying out their mission.

g.    Based on the evidence presented to me, including the testimony of the expert for the prosecution, Mr. Osben, I hereby determine that at approximately 17:00, the decedent stood roughly 15 to 20 meters from the relevant bulldozer and knelt down.  The bulldozer to which I refer was a large, clumsy and shielded vehicle of the DR9 model.  The field of view the bulldozer's operator had inside the bulldozer was limited.  At a certain point, the bulldozer turned and moved toward the decedent.  The bulldozer pushed a tall pile of dirt.  With regard to the field of view that the bulldozer's operator had, the decedent was in the "blind spot".  The decedent was behind the bulldozer's blade and behind a pile of dirt and therefore the bulldozer's operator could not  have seen her.

The bulldozer moved very slowly, at a speed of one kilometer per hour.

When the decedent saw the pile of dirt moving towards her, she did not move, as any reasonable person would have.  She began to climb the pile of dirt.  Therefore, both because the pile of dirt continued to move as a result of the pushing of the bulldozer, and because the dirt was loose, the decedent was trapped in the pile of dirt and fell.

At this stage, the decedent's legs were buried in the pile of dirt, and when her colleagues saw from where they stood that the decedent was trapped in the pile of dirt, they ran towards the bulldozer and gestured towards its operator and yelled at him to stop.  By the time the bulldozer's operator and his commander noticed the decedent's colleagues and stopped the bulldozer, a significant portion of the decedent's body was already covered in dirt.

The decedent's entire body was not covered in dirt.  In fact, when the bulldozer backed up, the decedent's body was seen to free itself from the pile of dirt and the decedent was still alive.

The decedent was evacuated to the hospital and after 20 minutes, her death was declared.

I hereby determine unequivocally that there is no foundation to the plaintiffs' claim that the bulldozer struck the decedent intentionally.  This was a very unfortunate accident and was not intentional.  No one wished to harm the decedent.  I was convinced that the bulldozer's operator would not have continued to work if he had seen the decedent standing in front of the bulldozer, as he and his colleagues acted in similar circumstances earlier that day, when they moved from location to location because of the disturbances caused by the members of the Organization.

h.    Because I find, as aforementioned, that the decedent was accidentally killed in the framework of a "war-related activity" as defined in The Civil Wrongs Ordinance, and in light of the instructions laid out in Article 5 of the aforementioned ordinance, the State bears no responsibility for the damages inflicted on the plaintiffs resulting from a war-related action.

This makes superfluous the need to discuss the cause of action made by the plaintiffs because legally their demand should be rejected.

Nevertheless, above and beyond what is necessary, I have also decided to discuss the cause of action filed by the plaintiffs as well as their other claims.

i.      The plaintiffs claimed that evidentiary damage was done in two areas: first, they claim that the Criminal Investigations Division (CID) investigation carried out after the event was sloppy and unprofessional and led to evidentiary damage for the plaintiffs; the second area, which refers to the responsibility of the Institute for Forensic Medicine for evidentiary damage caused to the plaintiffs as a result of the violation of the judicial order and the destruction of the recording documenting the decedent's autopsy.

It could be expected that, in light of the claim made above, the plaintiffs' representative would submit to the court the file of the investigation conducted by the CID so that I could form my own opinion regarding the investigatory actions carried out and the manner in which the investigation was carried out, and to learn if the actions taken by the CID were sufficient or not.  However, it was the plaintiffs that objected to submitting the full file of the investigation as evidence, even though the defendant agreed to do so.  Thus did the plaintiffs, by their own actions, introduce circumstances in which an extremely important tool to examine their claims was denied to the court.

After examining the evidentiary material and studying the claims made by representatives of both sides, I reached the conclusion that the CID investigation was conducted appropriately and without fault.

j.      With regard to the claims made regarding evidentiary damages relating to the Institute of Forensic Medicine:

Investigators from the CID concluded that in order to advance the investigation, an autopsy would have to be performed on the decedent.  As a result, they approached the District Court in Rishon LeZion and asked for a court order that would allow for such an autopsy.  The court order "…that the body be autopsied at the Abu Kabir Institute for Forensic Medicine by a doctor who is not in the military and in the presence of a representative of the American State Department" (Exhibit 6/T).

Professor Hiss testified that since the American Consulate saw no need to send a representative to be present at the autopsy, the autopsy was conducted, with the family's agreement, without a consular representative.  He also testified that the Consulate sent a fax confirming that the autopsy could be conducted without a representative from the family (Exhibit 11/T).

After examining the evidentiary material and studying the claims made by representatives of both sides, I reached the conclusion that the plaintiffs' claim of evidentiary damage by the Institute for Forensic Medicine seems strange.  This is because the decedent's father himself testified that, from the outset, the family had no intention of conducting an autopsy and that their intention was to pursue the matter diplomatically in order to clarify what happened to the decedent.  Moreover: it appears that the decedent's family had no interest regarding the identity of the Consular representative that was to be present during the autopsy, nor in the type of professional training they had had.  The family wanted a Consular representative to be present even if a secretary or typist had been sent!

Professor Hiss explained in his testimony that the aforementioned fax was sent to him after he telephoned the United States Embassy and asked that they send an American doctor to be present at the autopsy.  He claims that the embassy did not find a need to do so.  Professor Hiss asked to receive approval from the decedent's family and he then received the fax 11/T in which it is specifically stated that the decedent's family agreed to the autopsy and that no other faxes would be sent.

I believe that under these circumstances, Professor Hiss was well within his rights to conclude that, ultimately, the decedent's family conceded its demand for a representative to be present during the autopsy.  The family's desire was to receive the decedent's body as soon as possible.  Indeed, the family did not conduct any additional examinations after receiving the decedent's body and it was cremated: see Mr. Craig Corrie's testimony.

I am aware of the fact that, according to the language of the District Court's decision regarding the autopsy of the decedent's body, there should have been a representative of the US Embassy present during the autopsy.  However, under the circumstances, when it was explained that the embassy saw no reason to send a representative, as Professor Hiss testified, and because the fax sent to Professor Hiss (11/T) stated that the family agreed to the autopsy, we can understand why Professor Hiss believed that there was nothing preventing him from conducting the autopsy without an embassy representative being present.  There is no doubt that the proper course of action would have been to return to the District Court so that, in light of the change in circumstances, the court could amend its decision and remove the condition regarding the presence of an embassy representative.  However, given the circumstances and in light of the aforementioned, it is not clear what evidentiary damage was made to the plaintiffs' case because of the conduct of the Institute of Forensic Medicine.

With regard to the plaintiffs' claim regarding the recording documenting the autopsy, I found no grounds to accept it.  It is an audio recording (as opposed to a video recording) which served as a draft for Professor Hiss when preparing his report.  Recordings like this are made because, during an autopsy, the doctor's hands are holding scalpels and covered in blood, and therefore notes cannot be taken.  Apparently, the aforementioned audio recording simply does not exist anymore because, due to budgetary problems, the Institute of Forensic Medicine recycles tapes (see the testimony given by Professor Hiss).  Under these circumstances, it is not clear what evidentiary damage was caused to the plaintiffs as a result of the aforementioned draft having been erased due to recycling.

In summation, with regard to evidentiary damages, I hereby determine that the two cumulative conditions necessary as laid out in the precedent determined by the Supreme Court were not upheld.  They did not prove that evidentiary damage was caused which harmed their ability to prove their claims, nor did they prove that the defendant, through negligence, caused the claimed evidentiary damage.

k.    With regard to grounds for assault I hereby determine that there is no foundation for such claims because there is no component of "malice".  As I have determined that the decedent was killed accidentally and not intentionally, legally the claim regarding grounds for assault must be rejected.

l.      With regard to grounds for negligence:  I am convinced that, given the circumstances created at the location of the incident, the actions taken by the force were without fault.  Indeed, the field of vision of the bulldozer's operator was limited.  However, the decedent's field of vision while she stood in front of the bulldozer and knelt down was open and without any limitation.  The decedent could have distanced herself from any danger without any difficulty.  However, she chose to take the risk described above, and that eventually led to her death.

Given these circumstances, I have reached the conclusion that it was not negligence on the part of the defendant or any of its representatives that caused the decedent's death.  Therefore it can be understood that I reject the claim that there is any foundation for the grounds of negligence in this case.

m.   The defendant claims a "willing endangerment" defense, in accordance with Article 5(A) of the Civil Wrongs ordinance.  I reached the conclusion that the foundation for this defense, as determined by the Supreme Court, has not been proven in this case, and therefore I hereby determine that the aforementioned defense does not exist with regard to this lawsuit.

However, even though I have determined that it was not negligence on the part of the defendant or its representatives that led to the death of the decedent, and although the aforementioned defense does not exist with regard to this lawsuit, it is not enough to change the result of rejecting this claim.

n.    With regard to legal grounds:  It is true that the decedent was killed during the incident that is the focus of this lawsuit.  However, in this case the defendant did not violate the decedent's right to life.  The decedent put herself in a dangerous situation.  She stood in front of a large bulldozer in a location where the bulldozer's operator could not see her.  Even when she saw the pile of dirt moving towards her and endangering her, she did not remove herself from the situation, as any reasonable person would have.  The decedent began to climb the pile of dirt, got tangled up in it, fell and eventually died.

The decedent's death was the result of an accident that the decedent caused.  This occurred despite the efforts of the IDF force to distance her and her colleagues from the area.

I believe that, under these circumstances, there is no justification to obligate the State to pay compensation for damages that the decedent could have prevented, but preferred not to, thereby choosing to risk her life as she did.

Therefore, I reject the request to obligate the State to pay compensation on legal grounds.

6.     Because of this and in light of the aforementioned, I reject the lawsuit.

Because of the circumstance surrounding the decedent's death, I will not make the plaintiffs' pay the legal expenses and each side will bear its own costs.


Syrians continue to flee

Posted: 28 Aug 2012 07:30 AM PDT

From AFP:
The number of Syrians fleeing to the Al Zaatri refugee camp in Jordan has doubled in recent days, with more than 10,000 taking shelter there, the UN refugee agency said on Tuesday.

"The pace of arrivals from the Syrian border to the Zaatri camp in north Jordan has doubled in the past week," Melissa Flemming, a spokeswoman for the UN refugee agency UNHCR, told a press conference.

She said that 10,200 people had poured into the camp in the week ending on August 27, compared with 4,500 the week before. More than 22,000 Syrians have taken shelter at the Al Zaatri camp since it opened on July 30.

"Refugees say many thousands more are waiting to cross amid violence aroung Daraa and we believe this could be the start of a much larger influx".

An increasing number of refugees were unaccompanied minors, she said.

"We have received in the camp over the past week an increased number of unaccompanied children," she said. "Some children report that their parents have died, or are staying behind."
And Jordan is expected to open another camp to handle the influx.

But not all the people leaving Syria are refugees.

Yesterday, Jordanian media reported that authorities arrested nine Syrian "sleeper cells" in the refugee camp.


"Settlers storm Joseph's Tomb" and "Al Aqsa Mosque"

Posted: 28 Aug 2012 06:00 AM PDT

Palestine Press Agency reports that "Hundreds of settlers stormed at dawn Tuesday, the 'shrine of Joseph' east of Nablus under guard by the Israeli occupation army, as clashes broke out in the vicinity of the Balata refugee camp."

Surprisingly, Ma'an's coverage this time is reasonable, and contradicts claims of clashes:
Hundreds of settlers visited Joseph's Tomb in Nablus overnight Monday, local sources told Ma'an.

More than 20 buses carrying the settlers were seen by the tomb amid a heavy Israeli military presence, locals said.

Settlers performed prayers until the early morning hours before leaving the area. No incidents were reported.

Under the 1993 Oslo Accords, the site was to remain under Israeli control. But the Israeli army evacuated the premises in October 2000 shortly after the start of the second intifada, or uprising, and it was immediately destroyed and burnt by the Palestinians.

The restoration of the tomb was completed recently, and following improved security cooperation with the Palestinian Authority, the army allows Jewish worshipers to make monthly nocturnal pilgrimages to the site.
Meanwhile, Hamas' Palestine Times says that "usurpers" had "stormed" the Temple Mount, what they call the Al Aqsa Mosque. Significantly, it also complained about "foreign tourists" on the Mount, indicating that they are almost as upset over any non-Muslim on the Mount as they are about Jews.


Corries lose lawsuit; Israel-haters pretend verdict was fixed

Posted: 28 Aug 2012 02:57 AM PDT

From JPost:
The Haifa District Court on Tuesday ruled against the family of Rachel Corrie, the American pro-Palestinian activist struck and killed by a bulldozer in Gaza.

In the verdict, Judge Oded Gershon invoked the principle of the combatant activities exception, noting that IDF forces had been attacked in the same area Corrie was killed just hours earlier.

Reading a summary of his 62-page decision, the judge described Israel's investigation into the incident as appropriate and said it had no mistakes.
YNet adds:
Corrie in front of a different bulldozer
In a ruling read out to the court, Judge Oded Gershon called Corrie's death a "regrettable accident", but said the state was not responsible because the incident had occurred during what he termed a war-time situation.

At the time of her death, during a Palestinian uprising, Corrie was protesting against Israel's demolition of Palestinian homes in Rafah in the southern Gaza Strip.

"I reject the suit," the judge said. "There is no justification to demand the state pay any damages."

He added that the soldiers had done their utmost to keep people away from the site. "She (Corrie) did not distance herself from the area, as any thinking person would have done."

He rejected a claim of negligence explaining that the bulldozer's driver had limited vision unlike Corrie. "She consciously put herself in harm's way," Gershon said. The accident had been self inflicted, he added.

Judge Gershon pointed to three entry bans and noted that the Philadelphi route had effectively been a war zone formally declared a closed military zone at the time of the accident. He mentioned that the US had issued an Israel travel advisory warning its citizens to avoid Gaza and the West Bank.

The judge added that the organization where Corrie worked "abuses the human rights discourse to blur its actions which are de facto violence. He claimed that it specialized in disrupting IDF activity. "This included an army of activists serving as 'human shields' for terrorists wanted by Israeli security forces, financial and logistical aid to Palestinians including terrorists and their families, and disruption of the sealing of suicide bombers' houses."

Judge Gershon also rejected the Corrie family's claims that Military Police had not done its best to investigate the incident.
Israel haters didn't even wait for the verdict before revealing their game plan: to disparage Israel's legal system, ignore the voluminous decision's contents, and to rally around a single sound-bite the same way that they organize Twitter hashtags to gain trending topics.

In this case, the keyword they decided upon was "impunity." And they chose that word before the verdict was even read.

Yesterday, the anti-semitic and Israel-bashing Mondoweiss site started the campaign with a pre-emptive article called "Verdict in Corrie trial another test of Israeli impunity."

Ben White in Al Jazeera simultaneously wrote "Whatever the judge's decision, this case has shed light on Israel's grave breaches of human rights and the impunity enjoyed by its military."

Since then, that keyword has been used all over.

The Corrie's lawyer said "While not surprising, this verdict is yet another example of where impunity has prevailed over accountability and fairness."

Cindy Corrie: "From the beginning it was clear that there is a system to protect soldiers and provide them with impunity at the cost of civilians. Now we know that the protection for soldiers extends to the court."

The anti-Israel pundit crowd came aboard next in this campaign:

Mya Guarnieri tweeted: "Not surprised that Israeli judge has ruled Rachel Corrie's death an accident... it is part of the Israseli army's culture of impunity. Better said, the Rachel Corrie verdict points to the state of Israel's culture of impunity."

Joseph Dana: "Israel might want to consider changing its name to 'impunity' after this verdict in the Rachel Corrie case."

Max Blumenthal: "Further confirmation of army impunity & occupation law in Israel's justice system."

In other words, not a single one of these critics- respected in the mainstream media - have read the actual verdict, nor has a single one given any proof that the judge here is ignoring facts or twisting the legal system, or that Israel's legal system is inherently biased. They are just asserting it because they have determined Israel's guilt ahead of time. Their comments reflect their hate, not any actual facts. And in this case, it appears that they are acting in concert as a semi-organized campaign, not even doing original analysis, and using the same playbook to maximize their campaign's effectiveness.

(We can expect HRW and Amnesty to come out with similar statements any hour now, as they are known to give their opinions disparaging the Israeli justice system before even reading their actual words. It will be very interesting to see if they also use the word "impunity.")

You can bet that not a single one of Israel's critics will do an exhaustive, credible critique and analysis of the 62-page legal opinion.

Because they are not after the truth.

They are after Israel.

UPDATE: the verdict (in Hebrew) is online (h/t Yenta)


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